AchalOza: Replacing page with '*Malawi (1998)'

2007-07-12T15:19:59Z

Replacing page with '*Malawi (1998)'

AchalOza: New page: '''Score = 26''' ''Governed by:'' Malawi Competition and Fair Trading Bill of 1998. United Nations Conference on Trade and Development website, http://r0.unctad.org/en/subsites/cpol...

2007-07-12T15:10:56Z

New page: '''Score = 26''' ''Governed by:'' Malawi Competition and Fair Trading Bill of 1998. <ref>United Nations Conference on Trade and Development website, http://r0.unctad.org/en/subsites/cpol...

New page

'''Score = 26'''

''Governed by:'' Malawi Competition and Fair Trading Bill of 1998.
<ref>United Nations Conference on Trade and Development website, http://r0.unctad.org/en/subsites/cpolicy/Laws/malawi.pdf</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Sec. 2(5) extends scope to persons outside Malawi

|- class="categorydivision"
| Remedies
| Fines
| 1
| Sec. 51 provides for fines

|-
|
| Prison Sentences
| 1
| Sec. 51 provides for imprisonment

|-
|
| Divestitures
| 0
|

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| Sec. 52 allows for 3rd party civil suits

|-
|
| Remedies Available to 3rd Parties
| 1
| Sec. 52 allows for 3rd party damage recovery

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Sec. 35(1) requires authority from the commission

|-
|
| Pre-merger
| 2
| Sec. 35(2) declares mergers invalid without authority

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Sec. 38(1)(a) considers ability to manipulate market

|-
|
| Restriction of Competition
| 1
| Sec. 38(1)(a) considers whether merger will reduce competition

|-
|
| Public Interest (Pro D)
| 1
| Sec. 38(1)(b) mentions several possible public interest factors that could benefit D

|-
|
| Public Interest (Pro Authority)
| 1
| Sec. 38(2) considers the benefit to Malawi

|-
|
| Other
| 0
|

|-
|
| Efficiency
| 1
| Sec. 38(1)(b)(i) allows for the efficiency defense

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 32(2) prohibits limiting access to markets

|-
|
| Abusive Acts
| 0
|

|-
|
| Price Setting
| 1
| Article 32(2)(a) prohibits predatory pricing

|-
|
| Discriminatory Pricing
| 1
| Sec. 32(2)(b) prohibits discriminatory pricing

|-
|
| Resale Price Maintenance
| 1
| Sec. 32(2)(f) prohibits resale price maintenance

|-
|
| Obstacles to Entry
| 1
| Sec. 41(1)(b) prohibits using dominance to prevent entry

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Sec. 32(2)(g) prohibits price fixing

|-
|
| Tying
| 1
| Sec. 32(2)(c),(d) prohibit tying

|-
|
| Market Division
| 1
| Sec. 33(3)(c) prohibits market allocation agreements

|-
|
| Output Restraint
| 1
| Sec. 33(3)(f) prohibits output restraint

|-
|
| Market Sharing
| 1
| Sec. 33(3)(c),(g) prohibit market sharing

|-
|
| Eliminating Competitors
| 1
| Sec. 33(3)(a) prohibits eliminating competition

|-
|
| Collusive Tendering/Bid-Rigging
| 1
| Sec. 33(3)(b) prohibits collusive tendering and bid-rigging

|-
|
| Supply Refusal
| 1
| Sec. 33(3)(f) prohibits supply refusal

|-
|
| Efficiency Defense
| 0
|

|}

== References ==
<references />

Malawi - Revision history

AchalOza: Replacing page with '*Malawi (1998)'

AchalOza: New page: '''Score = 26''' ''Governed by:'' Malawi Competition and Fair Trading Bill of 1998. United Nations Conference on Trade and Development website, http://r0.unctad.org/en/subsites/cpol...